Mr. Adams to Mr. Seward.

No. 785.]

Sir: I have the honor to transmit the copy of a note addressed by me to Lord Russell, occasioned by the escape of three deserters from the United States -steamer Iroquois, in the manner explained by the accompanying papers.

From the absence of all treaty stipulations upon the subject, it is very clear that no claim of restitution can be made in these cases. In default of the exercise of international comity on such occasions, it is plain that a neglect to practice it on one side must lead to the same disposition on the other. The matter has heretofore been brought forward so fully by some of my predecessors, [Page 301] in the proposals made here to negotiate a treaty on kindred questions, and has met with so. little success, that I have little hope of arriving at a good understanding in regard to it.

I have the honor to be, sir, your obedient servant,

CHARLES FRANCIS ADAMS.

Hon. William H. Seward, Secretary of State, Washington, D. C.

[Enclosures.]

1. Mr. Adams to Lord Russell, September 16, 1864.

2. Commander Rogers to Mr. Adams, September 14, 1864.

3. Lieutenant McCormick to Commander Rogers, September 14, 1864

Mr. Adams to Lord Russell.

My Lord: I regret to be under the necessity of submitting to your consideration the copy of a letter which I have just received from the commander of the United States steamer Iroquois, giving an account of the manner in which three seamen belonging to that vessel, and escaping from it at Dover, who had been arrested and reclaimed, were finally discharged by order of the authorities of that place.

I am fully aware of the fact that in the absence of any treaty stipulations on the subject between the two nations, no means of recovery of deserting seamen from their respective ships-of-war exist beyond those furnished by the comity reciprocally exercised by the one towards the other. All endeavors made to place this matter on a more satisfactory footing appear to have proved thus far unsuccessful. But I cannot disguise from your lordship my apprehension that the unfortunate occurrence which has just taken place will have a tendency to make the difficulties now existing for the want of some understanding still more serious. It is scarcely to be expected that her Majesty’s ships, when visiting the ports of the United States, will not be subjected to similar hazards. And if so unfortunate as to lose men by desertion, it is to be feared that the obligations to return them will be regarded as little more valid in any future case on that side, than it has proved in the present one. The injury to discipline in both services must be in the end much the same. These are considerations so obviously affecting the interests of the two nations alike that I cannot but hope that some means may be devised by which to put a seasonable stop to what may otherwise prove a grave cause of irritation on both sides.

It is proper for me to apprise your lordship that I have ventured to make this early representation purely on my own authority, and in advance of any suggestions from my government. Meanwhile, I shall take the proper measures to transmit copies of the papers for its consideration.

I pray your lordship to accept, &c,

CHARLES FRANCIS ADAMS

Right Hon. Earl Russell, &c., &c., &c.

[Page 302]

Commander Rogers to Mr. Adams..

Sir: I would most respectfully call your attention to the following occurrence:

Two hours before daylight yesterday morning, while we were coaling ship from a brig alongside, two of our boats were of necessity lying astern, with boat-keepers in them. When the watch was relieved, three of those boat-keepers, being in one boat, pretended to break adrift, and were rapidly carried out of sight by the current. Their departure was instantly reported, and they were promptly pursued. The boat in pursuit, supposing that their separation from the ship was involuntary, steered in the direction in which the tide was setting, but the deserters, as soon as they were lost to sight in the darkness, paddled their boat across the current to the shore, very near to which we were anchored, and effected their escape.

I immediately sent to our consular agent on shore, who placed the police upon their track, and their arrest was accomplished during the day, at some distance from Dover.

In the afternoon the weather became stormy, and I was admonished by the pilot that our anchorage was insecure, and was advised to seek shelter in the Downs. I, however, remained long enough at Dover to send a lieutenant to the chief of police, to claim and receive the deserters.

At six o’clock Lieutenant McCormick returned, with a polite message from that functionary, stating that our deserters were in custody, and would be delivered to us on the following day, at eleven o’clock, upon our complying with certain formalities, required alike from British naval officers, to show that the deserters really belonged to the service by which they were claimed.

By this time the anchorage had become so insecure at Dover, that I felt obliged to take refuge in the Downs.

This morning I despatched Lieutenant McCormick and Paymaster Bates to reclaim these deserters, to prove their identity, and establish the fact of their belonging to the naval service of the United States.

This afternoon Lieutenant McCormick returned to the Iroquois and reported to me that the authorities at Dover had released the deserters from custody, and had declined to deliver them into his hands, or those of our consular agent. I beg leave to enclose a copy of his written report to me.

In a service of more than thirty years, in all parts of the world, this is the first instance I have ever known of the authorities of any place intervening to prevent the delivery of deserters from a ship-of-war, arrested by the police at the request of a naval commander.

The unfriendliness of this action, and the encouragement which it offers to our men to desert, seems to me of a sufficiently grave character to command your attention, and, therefore, I respectfully bring it to your notice.

The three deserters have been released from custody, and I am powerless to arrest them. Had they escaped to an enemy’s coast, they could not have been more effectually shielded from my endeavors to bring them back to the service in which they had voluntarily enlisted, and which they have so dishonorably deserted.

I have the honor to be, &c,

C. R. P. ROGERS, Commander U, S, N., Commanding U, S, S, Iroquois,

His Excellency Charles F. Adams, United States Minister, London,

P. S.—The Iroquois is only awaiting the arrival of provisions from London, to sail for a station remote from the shores of Europe.

[Page 303]

Lieutenant McCormick to Commander Rogers.

Sir: In obedience to orders, I went on shore yesterday evening, as your representative, to ask the delivery into our hands of Able Tucker, (captain top, ) Edward Walker, (captain after-guard) and Fred. Arnold, (seaman, ) who had on that morning deserted from this vessel while at anchor off Dover, and who were then held at the police station, having been arrested near Canterbury. I saw the superintendent of police, made the request, and was courteously informed that it would be necessary to carry the deserters before a magistrate, and for one of the officers of this vessel to appear against them, as is customary in cases of deserters from the English navy.

This morning, in company with Paymaster Bates, I went to Dover to be present during the examination. We were joined by Mr. Sisco, the consular agent of the United States, and at eleven o’clock went to the magistrate’s office, when Mr. Sisco, in my presence, demanded the men as deserters from this vessel, in a letter which he handed to the magistrate. The lawyer employed by the deserters asked their instant release, as there was no authority for their arrest or detention, they having in no way violated the law of England. The office was then cleared for a consultation. In about fifteen minutes we were again admitted, when the magistrate decided that he had no right to hold the men, or to deliver them to us, and ordered their release from confinement.

Respectfully, your obedient servant,

A. H. McCormick, Lieutenant United States Navy.

Commander C. R. P. Rogers, United States Navy, United States Steamer Iroquois.